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Monday, December 11, 2023

Court Restrains Rivers Assembly from Impeaching Fubara

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Rivers State High Court sitting in Isiokpo Division in Ikwerre Local Government Area of the State, yesterday, issued an interim order restraining the Rivers State House of Assembly, Speaker of the House, Martin Amaewhule and others from carrying out any actions with respect to the plot to impeach Governor Siminalayi Fubara.

The restraining order came just as the FCT Minister, Nyesom Wike, warned those orchestrating propaganda and innuendoes against him to desist, saying he would not be intimidated.

He also declared that the move to impeach Fubara was not a military coup, saying the country’s constitution recognises impeachment of political actors.

Moves by 24 members of the Rivers State House of Assembly to impeach the State Governor resulted in turbulence in the State on Monday, as the governor’s loyalists stormed the assembly complex in protest against the plot.

The matter in the court, which was registered in suit number IHC/230/CS/2023, was instituted by Damian Okoro (a Senior Advocate of Nigeria) on behalf of the governor.

Defendants in the suit included the Rivers State House of Assembly, Speaker of Rivers State House of Assembly Deputy Speaker, Clark of RSHA and Chief Judge of the state, Justice Simeon Chibuzor-Amadi.

Presiding Judge, Justice Ben Whyte had issued the order following the suit filed against the defendants and directed that the parties should maintain status quo pending the determination of the Motion on Notice and thereafter adjourned to November 14, 2023, for motion on notice.

Parts of the order states: “An order of interim injunction restraining the defendants and their agents, privies, proxies and representatives from initiating, continuing or proceeding with the process of removal of the claimant from office as the Governor of Rivers State or howsoever interfering with and/or preventing the claimant from carrying out the duties and functions of his office as the Governor of Rivers State pending the hearing and determination of the Motion on Notice already filed in this suit.

“Upon this Motion Exparte coming up before this Honourable Court for hearing and determination and after reading the Supporting Affidavit of Siminalayí Fubara filed on the 31 day of October, 2023 at the High Court Registry, Isiokpo and having listened to the submission of D. O. Okoro, with I. Mac-Barango of Counsel for the Claimant/Applicant. It is hereby ordered as follows:

“That the parties in this case maintain the status quo in this case by not doing anything in furtherance of the purported impeachment of the Applicant as the Governor of Rivers State pending the determination of the Motion on Notice.

“This case is adjourned to the November 14,  2023 for argument of the Motion on Notice”.

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